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Vestnik Omskoj Ûridičeskoj Akademii
Article . 2017 . Peer-reviewed
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Vestnik Omskoj Ûridičeskoj Akademii
Article
License: CC BY
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The Criterion of Significance of Violations of Material and Procedural Law in the Exercise of Cassation Appeal in Civil Proceedings

Authors: Taras A. Bondarenko;

The Criterion of Significance of Violations of Material and Procedural Law in the Exercise of Cassation Appeal in Civil Proceedings

Abstract

This article is devoted to the problem of fixing in the chapter of the Code of Civil Procedure of the Russian Federation, regulating the procedure in court of the cassation instance, a single criterion of significant violations of material and procedural law standards, as well as determining the content of “guidelines” for both the applicant and the court, providing for the unconditional cancellation of judicial decisions of lower courts. The Author comes to the conclusion that the presence in the Civil Procedure of the Russian Federation of such stable phrases as “significant violations of the norms of substantive and procedural law” and the absence of their normative interpretation significantly limit the exercise of the right of citizens to access to court.

Keywords

основания для отмены судебных постановлений нижестоящих инстанций, the bases for cancellation of judicial decisions in the lower courts, кассационная инстанция, significant violations of substantive and procedural law, существенное нарушение норм материального и процессуального права, court of cassation, K, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold